Rorahbacher Farr Letter to Inspector General

Lynch Files Sec 538 Motion

Charles Lynch files Section 538 motion to end case based on new 2015 Spending Bill

New York Times

Charles Lynch story reported by New York Times reporter Erik Eckholm

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Thursday April 23, 2009

Thursday April 23, 2009Lynch Sentencing Hearing

On Thursday April 23 in Federal Court the Sentencing of Charles C. Lynch was again postponed until Thursday June 11, 2009. The court filled with supporters from across the state and across the nation. Los Angeles Times, New York Times, Reason.tv and other news agencies watched and waited as Lynch’s defense team continued a courageous battle against his draconian Federal Prosecution.

First Judge Wu read the recent letter from the Obama Administration saying the prosecution of Charles Lynch is consistent with the New Policy and said ‘that was that’. Wu then asked for plans for the hearing. Lynch’s Public Defenders said they had a number of testimonials and a video tape to submit to the court. The Prosecution said it had no testimonials from victims or any more information to submit to the court.

Lynch’s attorneys began with a video tape of one of his former patients talking about Lynch’s compassion and Law Abidingness. The Judge stopped the video and told the defense to transcribe the video and submit it to the court.

Next Lynch’s friend and former patient Owen Beck and his Father Steve Beck both gave testimonials of Lynch’s professionalism, compassion and compliance with State Law. Owen said that what is happening to Lynch is an injustice and asked the Judge for leniency.

Next the Mayor of Morro Bay, Janice Peters boldly went before the Judge and told him how the City of Morro Bay had enacted a Medical Marijuana plan dating back to 1993, years before the California Compassionate Use Act was enacted. She continued to talk in support of Lynch stating that this is a victimless crime with one exception. The Mayor said that Lynch himself is the victim in this case, a victim of an unfair prosecution and continued to state how Lynch was handling such a terrible situation in such a respectful manner.

Next the Morro Bay City Attorney Rob Schultz was sworn in, as the prosecutor demanded he be sworn in to testify, talked how he had been directed by the City of Morro Bay City Council to draft a solution that allowed medical marijuana dispensaries. Shultz talked about how he had researched how other Cities such as Oakland, San Francisco and Los Angeles had adopted local ordinances regarding dispensaries and used these ordinances as models for the Morro Bay rules and regulations. Shultz zoomed in one rule in particular that the City had provided Lynch and that rule was the age limit of 18 or older unless accompanied by a parent for patients of the dispensary. Shultz testified that this seemed to be the standard among other cities across the state and so that was the rule that was designated for Lynch’s dispensary. Shultz also continued to say that Lynch’s dispensary was in compliance with the Local Laws issued by the City of Morro Bay. The prosecutor grilled Shultz and asked about Federal Law and mentioned Lynch’s dispensary in Atascadero that had been closed due to zoning changes. Shultz said the City of Morro Bay wanted to give Lynch a chance to run a professional law abiding dispensary and felt that Lynch had done so. During Schultz’s testimony Judge Wu was busily taking notes and scratching his head.

Joe Elford of American’s for Safe Access spoke to the court and mentioned how Lynch was in compliance with the latest California Attorney General’s guidelines one and a half years before the guidelines were even issued. Reuven Cohen pointed out to the court the California Attorney General statements in the guideline that say “no legal conflict exists merely because state law and federal law treat marijuana differently” and that Lynch has been ‘duped’. Judge Wu responded saying ‘well that’s life’ as a very audible moan of disbelief echoed through the court room. Judge Wu continued the proceedings saying that he needs ways around the mandatory minimums and pointed out some language that he thought needed some briefing from defense and prosecutors before sentencing could continue.

As it became obvious that Lynch was not going to be sentenced during the hearing members of the media began heading for the doors in time to meet deadlines for the six o’clock news as prosecutors stared forward in disbelief. Lynch supporters wearing green “Compassion” ribbons stood in unison as the judge began scheduling for the next hearing saying that would be the final hearing in this case. Lynch is now scheduled to be sentenced on Thursday June 11, 2009.

As Lynch, his attorneys and supporters exited the building a large number of members of the media waited with microphones and video cameras in front of the Court house. Lynch, his attorneys and Morro Bay City Attorney answered questions for the cameras. Shortly after the press conference Lynch and his supporters gathered at a local pub for food and libations. Lynch said he was happy to walk out of the court house today and wanted to thank his family, his attorneys and his supporters for all they have done for him.

Sunday February 1, 2009

Sunday February 1, 2009Lynch Goes to Emergency Room

Today Lynch's Migraine Headache was so unbearable that he went to the Hospital Emergency Room. They gave him a shot of Dilaudid and gave him a Percocet prescription and essentially kicked him out of the Emergency Room. While moaning in pain the Payment Counselor asked Lynch if he wanted to make a payment right then and there. Lynch had insurance and told them to bill him. Lynch recently got the bill for the 1 hour in the Emergency Room at a cost of $1500.00. Talk about predatory. Lynch wonders why doesn't the Federal Government do something about the predatory billing of todays Medical Community?

Thursday January 22, 2009

Thursday January 22, 2009Lynch Begins Cluster of Migraine Headaches

Lynch has suffered from Migraine headaches for nearly twenty years and found relief from the headaches using Medical Marijuana. A new cluster of Migraines started today and they are painful, sometimes two or three headaches in a day and they last for months at a time. The Federal Government is denying Lynch from using Medical Marijuana and Lynch is forced to take drug tests to assure he does not use Medical Marijuana. The pain is sometimes unbearable and Lynch cannot be very productive while he is suffering from Migraines.

Tuesday January 6, 2009

Tuesday January 6, 2009Lynch Interviews with ABC News John Stossel

Lynch appeared at the Ritz Carlton Presidential suite along with his Federal Public Defenders and interviewed with ABC News 2020 correspondent John Stossel. As the cameras rolled Lynch and his attorneys answered questions for the News Agency. The story is expected to air in early February and will feature Melissa Etheridge, Lynch, Sheriff Pat Hedges and operating dispensaries in the LA area.

Monday January 5, 2009

Monday January 5, 2009Judge Wu Denies Lynch's Request for New Trial

Lynch appeared at 8:30 am to court only to find himself as 23 on Judge Wu's Docket. Judge Wu had already passed out a document stating that he didn't believe Lynch should get a new trial based on the fact that Lynch had provided a legal document from Attorneys for Abe Baxter saying that Lynch had nothing to do with Abe Baxters alleged street sales 20 miles away from the dispensary. The Judge stated that this was not enough to aquit Lynch on all the charges and so a new trial was denied. Lynch's attorneys submitted to the decision. Lynch's attorneys then informed the court that they needed more time before sentencing to work with the so called victims of Lynch's actions. Prosecutor David Kowal erupted with objections and saying that the defense was wasting court time and planning on turning the sentencing into a circus. Judge Wu allowed more time for the defense to work through more motions and set a new sentencing date of February 23, 2009 at 8:30 am. Judge Wu also mentioned that he had already made up his mine in terms of sentencing and said that he would be bound to the mandatory minimums unless the defense team could provide legal arguments against the mandatory minimums.